DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turi Foods Pty Ltd
(AG2016/6146)

TURI FOODS PTY LTD GEELONG LIVE BIRD CATCHING COLLECTIVE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Turi Foods Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Turi Foods Pty Ltd, represented by its directors, and the respondents, who are employees of the company. The dispute centres around the approval of the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2016. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue the court had to address was whether the collective agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was fair and if it had been genuinely negotiated. The court also needed to consider whether the agreement would benefit the employees and the employer in a manner that was fair and reasonable.

The court examined the evidence presented by both parties and evaluated the negotiation process of the agreement. It found that the agreement was fairly negotiated and met the requirements of the Fair Work Act. The court determined that the agreement was beneficial for both parties, as it provided for reasonable terms and conditions of employment while also protecting the rights of the employees. The court concluded that the agreement was fair and approved it for implementation. The court's decision was based on a thorough analysis of the evidence and a consideration of the parties' arguments.

As a result of the court's decision, the Turi Foods Pty Ltd Geelong Live Bird Catching Collective Agreement 2016 was approved and is now in effect. The agreement sets out the terms and conditions of employment for the employees of Turi Foods Pty Ltd, and it will govern their relationship with the employer. The court's approval of the agreement ensures that both parties are bound by its terms and that it will be enforced in accordance with the Fair Work Act.

Turi Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established